THE NEW CHAPTER OF INDONESIA’S DATA PROTECTION ON DIGITAL ECONOMY PERSPECTIVE

Abstract

Personal data protection regulations are an essential component of legislation to build user confidence in the digital economy. This study aims to determine how privacy and private data protection arrangements changed after the passage of the Personal Data Protection (PDP) Law through legal analysis to answer two fundamental questions regarding privacy protection and personal data protection arrangements earlier and after the enactment of the PDP Law. Indonesian regime of data protection enters a new chapter with the passing of the PDP Law. Therefore, stakeholders need to understand the changes in current laws and regulations to comply with the PDP Law. The interesting thing in this study is that the research data will answer how the current regulation of personal data protection in Indonesia works by comparing the structure before and after the enactment of the PDP Law. Data processing uses normative juridical methods. The results of this study indicate that the regulations before and after the PDP Law contained internationally accepted personal data protection principles. The principles of personal data protection that existed in regulations before the PDP Law became an essential reference for processing personal data-by-data controllers are further elaborated comprehensively in the form of obligations and responsibilities of data controllers and processors in the PDP Law. The research concludes that automatic data processing, vulnerable to privacy degradation, has become part of the data subject's rights under the PDP Law. The severity of administrative penalties has increased, including criminal penalties and demands for compensation. The presence of data protection officers and data protection agencies in the PDP Law complements Indonesia's personal data ecosystem. The PDP Law's complexity and harsh sanctions necessitate proper implementation plans and strengthening for small- and medium-scale business actors. Keywords : Personal Data Protection Law, Indonesia, Digital Economy, E-Commerce DOI： https://doi.org/10.35741/issn.0258-2724.58.3.9